SB 289: Codes of Ethics for Government Service; a definition of "formal charges" regarding ethical violations by members of certain boards, commissions, or authorities; provide

Current Georgia law lets the Governor hold a hearing and remove a member of a state, county, or municipal board, commission, or authority if 'formal charges' are filed alleging an ethics violation, but the law never spelled out what a 'formal charge' actually is. This bill amends that law (O.C.G.A. § 45-10-4) to add a definition: a formal charge is a sworn statement, made under oath by an elected state, county, or municipal official, alleging probable cause that a board, commission, or authority member violated the ethics rules in O.C.G.A. § 45-10-3. The rest of the existing process stays the same: the Governor or a designee holds a hearing, the accused member gets at least 30 days' notice, and if the charges are proven true the Governor removes the member and the vacancy is filled as provided by law. The hearing and any court review still follow Georgia's Administrative Procedure Act. The bill also updates 'his' to 'his or her' when referring to the Governor's designated agent. It would take effect as soon as the Governor signs it.

• Adds a formal legal definition of 'formal charge' to O.C.G.A. § 45-10-4, requiring it to be a sworn statement made under oath by an elected official.
• Requires that a formal charge allege probable cause of a violation of the ethics standards in O.C.G.A. § 45-10-3, not just a general accusation.
• Limits who can file a formal charge to elected state, county, or municipal officials, rather than any member of the public.
• Keeps the existing removal process intact: a hearing with 30 days' notice, removal if charges are proven, and review under the Georgia Administrative Procedure Act.
• Updates gendered pronoun language ('his' to 'his or her') describing the Governor's designated hearing agent.

Members of state, county, and municipal boards, commissions, and authorities created by general statute who could face ethics charges; elected officials at the state, county, and municipal level, who alone could file the sworn 'formal charge'; and the Governor's office, which conducts the removal hearing.

By requiring a formal charge to be a sworn, probable-cause statement from an elected official, the bill narrows and clarifies who can trigger a Governor's ethics hearing against a board or commission member, which could affect how easily removal proceedings can start.

• Section 1 rewrites O.C.G.A. § 45-10-4 by adding new subsection (a), defining 'formal charge' as a sworn statement by an elected state, county, or municipal official alleging probable cause of an ethics violation under O.C.G.A. § 45-10-3.
• Section 1 relabels the existing hearing and removal procedure as subsection (b), preserving the 30-day notice requirement and removal process if charges are proven true.
• Section 1 confirms hearings and judicial review continue to follow the Georgia Administrative Procedure Act (Chapter 13 of Title 50).
• Section 2 sets the effective date as the date the Governor signs the bill, or the date it becomes law without a signature.
• Section 3 repeals any conflicting laws.

1. 2025-02-27Senate Read and Referred (Senado)
2. 2025-02-26Senate Hopper (Senado)

• Nabilah Islam Parkes (D, SD-007)Patrocinador principal
• Harold Jones (D, SD-022)
• Kim Jackson (D, SD-041)
• Jason Esteves (D, SD-035)
• Nan Orrock (D, SD-036)
• Sonya Halpern (D, SD-039)
• Sally Harrell (D, SD-040)
• Kenya Wicks (D, SD-034)
• Elena Parent (D, SD-044)
• Nikki Merritt (D, SD-009)
• Emanuel Jones (D, SD-010)
• Donzella James (D, SD-028)
• Sheikh Rahman (D, SD-005)
• David Lucas (D, SD-026)
• Randal Mangham (D, SD-055)
• RaShaun Kemp (D, SD-038)
• Derek Mallow (D, SD-002)
• Ed Harbison (D, SD-015)

• government ethics
• state boards and commissions
• government accountability
• official removal process